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State v. Clark

1/29/1999

arrant, which cites only the citizen's complaint, and thus, the stop must be deemed illegal.


Unfortunately, we cannot discern from the record whether the trial court gave credence to Officer Dortch's testimony that he observed two traffic infractions. Accordingly, we remand to allow the trial Judge to make specific findings on the record regarding whether Officer Dortch saw the defendant commit any traffic infractions. These findings will determine whether, in fact, Officer Dortch had probable cause to stop the defendant's car, which in turn will dictate the Disposition of this case. Once these findings are made, the clerk is ordered to supplement the record with these findings for our further review.


JOHN H. PEAY, Judge


CONCUR:


GARY R. WADE, Presiding Judge


JERRY L. SMITH, Judge




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